CapQuest Troubles

FTW

thechippy wrote: »

I could be wrong on this, but if you have not acknowledged / made any payment toward the debt for 6 years, then it's statute barred.

Making a payment after this time will not unbarre it.

Anyone feel free to correct me if I'm wrong - ta.....

No, you're not wrong. A 6 year period of no payment or written acknowledgement - statute barred.

RichardBooth

Is there a particular legal quote that makes this clear, which I can use in my response to BPO?

thechippy

RichardBooth wrote: »

Is there a particular legal quote that makes this clear, which I can use in my response to BPO?

Yes, but I can't find it at the mo.

Have a quick google, you may find it...;)

RichardBooth

Oh, one more thing: if I'm asking for copies of two CCAs, is the statutory amount £1 in total, or £1 per agreement (BPO seem to be chasing for two debts CapQuest are claiming)?

Culex

RichardBooth wrote: »

I went to Beijing for a few months at the end of last year and, thinking it would be a permanent move, destroyed most of my paperwork. So, I'll need to obtain a copy of the CCA etc again - I assume I can ask for it as many times as I need to?

Yes, but it might be faster just to tell them they've "bought a pup" from CrapQuest as the alleged debt was already statute barred.

Or you might be able to get the Red Army to walk all over them.

If the debt was somehow 'unbarred' when I made a few payments to CQ, can I argue that by threatening me with court etc. they had tricked me into thinking the debt was legally recoverable when it was not?

It cannot become 'unbarred', regardless of what some tom-fool twerp at a DCA might claim.

If you neither made any payment on that alleged debt nor acknowledged it in writing for more than six years, the debt will be statute barred by section 5 of the Limitation Act 1980. This means that it could not be enforced by any court judgement; to state that it is statute barred is a complete defence to any summons.

It is not necessary for you to prove that you neither paid nor acknowledged the debt at any time in the last six years - it is up to the debt farmers to prove that you did.

How should I proceed with BPO now?

I'd be inclined just to refer them to the celebrated retort in the matter of Arkell v. Pressdram.

Culex

RichardBooth wrote: »

Oh, one more thing: if I'm asking for copies of two CCAs, is the statutory amount £1 in total, or £1 per agreement (BPO seem to be chasing for two debts CapQuest are claiming)?

£1 each.

Why not send them £3 and hope it mucks up their system?